People v. Robles

Opinion

BAXTER, J.

Prior to trial, defendant moved to suppress evidence obtained in the garage of his residence as a result of a warrantless search and seizure by police. The trial court denied the motion because defendant’s brother, with whom defendant lived, had agreed to submit his person and property to warrantless police searches and seizures as a condition of probation. It is *793undisputed that the officers involved were unaware of the brother’s probation condition when they obtained the challenged evidence. We conclude that defendant’s Fourth Amendment rights were violated and that his…